New York Divorce Lawyer Blog

Late Child Support Payments and Eligibility for COVID-19 Financial Relief in New York

Published on: April 28, 2020 | by RLF Family Law

The COVID-19 pandemic has caused significant financial losses for many people. Thus, many parents who owe child support are late on making payments, and consequently, many parents who rely on child support are not receiving the payments they are owed. As many of the courts throughout the State are closed for new filings except for emergencies, parents seeking enforcement of child support orders and agreements are uncertain of their options. Fortunately, despite the pandemic, there are measures parents who are owed support can take to seek any payments that are in arrears. If you are a resident of New York and have concerns regarding late child support payments, it is in your best interest to consult an experienced New York child support attorney regarding your rights.

Enforcement of Child Support Orders During the Covid-19 Pandemic

Parents who are owed child support should continue to receive payments during the pandemic, as all payments received are still being processed. Thus, any payments made should be disbursed as usual. If a noncustodial parent can no longer afford to make payments due to a loss of income, he or she can seek a modification. Absent a modification, however, a parent obligated to pay child support pursuant to a court order must pay the full amount owed, on the date, it is owed, despite the pandemic.

Parents who fail to make timely payments in full may be subject to enforcement actions, such as the suspension of driver’s or professional licenses, interception of State and federal tax refunds, freezing of financial assets, and liens against real and personal property. Parents who fail to make child support payments may also be reported to credit bureaus. These actions are referred to as administrative penalties and are available without going to court. The action available in an individual case depends on the amount overdue and the length of the delay in making payments. Currently, the Child Support Offices in many areas throughout the State are closed, as are New York Family Courts for child support matters. Thus, parents who are owed support should seek assistance by contacting their local child support office or the State offices via telephone or email. Parents who are obligated to pay but cannot pay due to a loss of employment, also have options.

How to Modify Child Support Due to Loss of Employment During COVID-19

Published on: April 16, 2020 | by RLF Family Law

The novel Coronavirus pandemic continues to spread across the U.S.

COVID-19 Front Line Fighting Parents Face Custody Challenges

Published on: April 9, 2020 | by RLF Family Law

Those fighting on the front lines are now faced with additional challenges – custody of their children. Because medical providers, firefighters, and other essential workers are exposed to COVID-19 more than anyone else, they are now getting denied parental access to their children.

Recent Administrative Orders Affecting Family Law Cases in New York City

Published on: March 30, 2020 | by RLF Family Law

While there are many factors that affect the outcome of a motion or hearing in a family law case, typically a national health crisis is not one of them. The recent Covid-19 pandemic has significantly altered the course of family law cases in New York City and throughout the nation, however. As such, it is critical for anyone with a family law matter pending in New York City to understand how their case may be affected. If you live in New York and have concerns regarding a family law issue, it is prudent to speak with a New York family law attorney to discuss how recent events may affect your case.

Recent Administrative Orders Relating to New York City Family Courts

On March 7, 2020, Governor Andrew Cuomo issued an executive order declaring the entire State of New York in a State disaster emergency due to the fact that many people have been diagnosed with Covid-19, and it is anticipated that the numbers will increase. Pursuant to Governor Cuomo’s authority, he temporarily stayed all deadlines in all cases, including family law cases. In other words, the time limitations for when an action, motion, or other proceeding or process must be commenced, filed, or served is tolled from the date of the order until April 19, 2020. As such, no adverse action can be taken against a party in a family law matter, or any other matter, for failing to file a pleading or response during that time.

This does not mean the courts are closed, however. Instead, pursuant to a press release from the Chief Administrative Judge for the New York State Court System, on March 26, 2020, the New York City Family Court began hearing certain matters by telephone or vide appearance, in an effort to contain and mitigate the spread of Covid-19, while still allowing the court to provide necessary emergency relief to the families and children the family court serves. Specifically, hearings regarding child protective intake cases that involve removal applications, emergency family offense petitions, newly filed cases for juvenile delinquency that involve remand applications, and writ applications regarding parenting time or custody, where there is an order in place, may be heard via remote methods.

Virtual Operations Commence in New York Family Courts on Wednesday, March 25

Published on: March 25, 2020 | by RLF Family Law

The New York State court system has announced that beginning on Wednesday, March 25 and Thursday, March 26, it will provide critical emergency relief to the children and families.

COVID -19 – New York Court System – Administrative Order – Discovery

Published on: March 20, 2020 | by RLF Family Law

Rudyuk Law Fim will continue to update you on new developments and information in light of COVID-19 pandemic which affects divorce litigation and family law procedures in NYC.

Co-parenting During Pandemic

Published on: March 17, 2020 | by RLF Family Law

With schools closed and parents’ work schedules altered, co-parenting may become even more challenging. Below are some tips on how to get through the difficult times with the best interest of your children in mind.

AN IMPORTANT NOTE FROM MY FIRM DURING THE PANDEMIC

Published on: March 17, 2020 | by RLF Family Law

AN IMPORTANT NOTE FROM MY FIRM:

What warrants custody modification in New York

Published on: February 11, 2020 | by RLF Family Law

In many cases in which a couple with a child divorces, absent an agreement, the court will issue an order granting one parent primary physical custody and award the other parent parental access. Custody orders are not permanent, however, but can be modified upon a showing that a modification is necessary due to a change in circumstances. Recently, a New York appellate court once again discussed what constitutes a sufficient change in circumstances to warrant a modification in a case in which a mother appealed the dismissal of a petition to modify custody. If you wish to seek a modification of an existing custody order, it is in your best interest to meet with an experienced New York child custody attorney to help you seek an arrangement that is in the best interest of your child.

Facts and Procedure

It is reported that the mother and the father divorced in 2013. Initially, the mother was awarded physical custody of the couple’s sole child. Custody was then modified via a consent order in December 2015, which granted father physical custody and awarded the mother parental access. Subsequently, in April 2018, the mother filed a petition to modify the 2015 order to grant her physical custody of the child. Following a hearing, the father moved to dismiss the petition, arguing that the mother failed to establish a change of circumstances sufficient to warrant a modification. The court granted the father’s motion, dismissing the mother’s petition. The mother appealed.

Evidence of a Change in Circumstances

Under New York law, an order establishing custody or parental access will only be modified if the party seeking the modification establishes that there has been a change of circumstances that requires a modification to meet the best interests of the child. A court will review the entirety of the facts and circumstances presented in determining what is in a child’s best interests. Further, in determining whether to dismiss a petition for failure to establish a prima facie case, the court is required to accept the evidence presented by the petitioner as true and grant the petition every favorable inference that can be drawn from the evidence.